filing jointly - mid year divorce


N

nelson.timothy

If I divorce mid-year can my wife and I file jointly? Or better yet does it make sense to as I will be able to deduct alimony?
 
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P

paulthomascpa

If I divorce mid-year can my wife and I file jointly?
Tax filing status is based on your marital status as of 12/31. So if the
divorce is final it's either single or HOH depending on circumstances,
unless you remarry.



Or better yet does it make sense to as I will be able to deduct alimony?

Alimony paid is deductible, if you two live apart and the payments meet the
rules as alimony, AND you don't file a joint return for that year.
 
D

D. Stussy

"paulthomascpa" wrote in message
If I divorce mid-year can my wife and I file jointly?
Tax filing status is based on your marital status as of 12/31. So if the
divorce is final it's either single or HOH depending on circumstances,
unless you remarry.

===========
Note that is requires that the divorce be FINAL, not merely filed for.

In California, there's a minimum 6 month statutory "cooling off" period
between filing and finality, even if the court has already entered its
verdict or accepted a settlement.
 
S

Stuart Bronstein

D. Stussy said:
"paulthomascpa" wrote


Note that is requires that the divorce be FINAL, not merely
filed for.

In California, there's a minimum 6 month statutory "cooling off"
period between filing and finality, even if the court has
already entered its verdict or accepted a settlement.
That six month period starts when the court gets jurisdiction over
the parties, not when the order dissolving the marriage is entered.
If it's taken the parties that long to resolve their issues (very
likely) then the divorce is final whenever the court enters the
order. And they can request the order be entered retroactively to a
time that is six months or more after the applicable date.
 
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A

Alan

That six month period starts when the court gets jurisdiction over
the parties, not when the order dissolving the marriage is entered.
If it's taken the parties that long to resolve their issues (very
likely) then the divorce is final whenever the court enters the
order. And they can request the order be entered retroactively to a
time that is six months or more after the applicable date.
The actual dates are:

1. In a regular divorce situation the 6 month clock starts on the day
spouse2 is served with the papers notifying him/her that spouse1 has
filed for divorce. The divorce is final when the court order is issued
after the miimum 6 month waiting period has elapsed.
2. If the parties can meet the rules for a "summary dissolution of
marriage", then the clock starts when they file their joint petition
paperwork with the county clerk. The divorce is final at the end of the
6 month period. The actual final date will be on the paperwork that they
get back from the clerk.
 

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